Allahabad High Court
BACHU SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court may issue a mandamus directing the authority to decide the pending application expeditiously.
Summary
Petitioner Bachu Singh filed a writ petition under Article 226 seeking a mandamus directing the Naib Tehsildar of Mathura to decide a pending restoration application (Case No. 5460 of 2025) filed under section 34 of the U.P. Revenue Code, 2006. The petitioner alleged that the application had been pending since 2025 without any decision, causing undue delay. The Court examined whether the continued pendency warranted judicial intervention to compel administrative action. It held that the prolonged inaction defeats the purpose of the petition and that the Court can issue a direction to the authority to decide the matter expeditiously. Accordingly, the petition was disposed with a directive to the respondent to decide the application within twelve weeks, subject to service of notice and hearing.
Issues considered
- Whether the High Court can issue a writ of mandamus directing the Naib Tehsildar to decide a pending restoration application under section 34 of the U.P. Revenue Code, 2006.
Legislation cited
- U.P. Revenue Code, 2006 — s. 34
Subjects
- Writ of Mandamus
- Administrative Delay
- U.P. Revenue Code
- Restoration of Property
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 15456 of 2026
Bachu Singh
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Ashish Kumar Srivastava
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking following relief :-
"issue a writ, order or direction in the nature of Mandamus directing the
Naib Tehsildar, District Mathura to decide the Restoration Case No.5460
of 2025 (Computerized Case No.T-202501500105460) filed in Mutation
Case No.122 of 2023 (Bachu Singh Vs. Sukkha) under section 34 of U.P.
Revenue Code, 2006 pending before Naib Tehsildar, Mathura within
stipulated period as may be fixed by this Hon'ble Court."
3. Learned counsel for the petitioner submitted that the above-mentioned
application is pending consideration since 2025 and the same has not been
decided till date. Learned counsel prayed that the same may be decided,
expeditiously.
4. Since the above-mentioned application is pending, no useful purpose would
be served in keeping this petition pending.
5. In view of the above, this writ petition stands disposed of with a direction to
respondent no. 2 to decide the above-mentioned application, in accordance
with law, expeditiously, preferably within twelve weeks from the date of
production of a certified copy of this order, after ensuring service of notice
upon all the respondents and providing opportunity of hearing to all the
concerned parties provided there is no other legal impediment.
April 23, 2026
Rishabh
(Manish Kumar Nigam,J.)
Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad
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